New Employee Personnel Records Access Law in New York
On September 9, 2026, New York Governor Kathy Hochul signed into law a bill that gives both private and public sector employees and former employees a right to access and dispute their own personnel records. The new law, Section 210-b to the New York Labor Law, takes effect on November 8, 2026.
Covered Employers and Employees
The law applies equally to private-sector businesses of any size, nonprofit organizations, and government employers at the state and local level.
An "employee" is defined broadly as a person currently employed or formerly employed by an employer. The inclusion of former employees is a significant feature of the law, as it ensures that individuals who have left a job — whether voluntarily or through termination — retain the right to access records that may affect their future employment prospects or that may be relevant to legal claims.
Definition of Personnel Records
The statute defines a "personnel record" as any record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. The definition expressly extends to records held by third parties — such as contractors or staffing agencies — that have a contractual agreement with the employer to keep or supply personnel records.
The statute also enumerates specific categories of documents that must be included in a personnel record:
Name, address, date of birth, job title, and job description
Rate of pay and any other compensation paid to the employee
Starting date of employment
The employee's job application
Resumes or other employment inquiry forms submitted in response to the employer's advertisement
All employee performance evaluations, including evaluation documents
Written warnings of substandard performance
Lists of probationary periods
Waivers signed by the employee
Copies of dated termination notices
Any other documents relating to disciplinary action
Personnel records must be maintained in typewritten or printed form, or may be handwritten in indelible ink. One important limitation on the definition: a personnel record does not include information of a personal nature about a person other than the employee if disclosure of that information would constitute a clearly unwarranted invasion of that other person's privacy. This carve-out protects, for example, the identities of co-workers who may have submitted complaints or statements about the employee.
Employee Rights
Right to Copy of Records
Upon submitting a written request, an employee or former employee is entitled to receive a free copy of their personnel record within five business days. The law imposes no cost on the employee for obtaining copies, which is a notable departure from the approach taken in some other states that permit employers to charge reasonable copying fees. The written request requirement is the only procedural prerequisite the statute imposes on employees; no particular form or format is specified.
Frequency of Access
An employer is not required to allow an employee to review their personnel record on more than two separate occasions in a calendar year. However, the statute contains an important exception to this limit: any review that is triggered by the employer's placement of negative information in the record — and the corresponding 10-day notification obligation — does not count toward the two-review annual cap. This ensures that employees are not penalized for exercising their right to review newly added adverse information.
Right to Dispute and Correct Records
If an employee disagrees with any information in their personnel record, the employee and employer may mutually agree to remove or correct the information. If no agreement is reached, the employee has the right to submit a written statement explaining their position, which must be incorporated into the personnel record and become a permanent part of it. Critically, whenever the original disputed information is transmitted to a third party — such as a prospective employer — the employee's written statement must accompany it, as long as the original information is retained in the file.
If an employer places information in a personnel record that the employer knew or should have known to be false, the employee has a remedy through the collective bargaining agreement, other personnel procedures, or judicial process to have that information expunged. The statute also clarifies that nothing in the law prohibits the removal of information from a personnel record upon mutual agreement of the employer and employee for any reason.
Employer Obligations
Proactive Notification of Negative Information
One of the most significant affirmative obligations imposed on employers is the duty to proactively notify an employee within ten days of placing in the employee's personnel record any information that is, has been used, or may be used to negatively affect the employee's qualification for employment, promotion, transfer, additional compensation, or the possibility that the employee will be subject to disciplinary action. This notification requirement is triggered automatically — the employee does not need to request it.
Recordkeeping and Retention
Employers must retain the complete personnel record of any employee — without deletions or expungement — from the date of employment through a date three years after the termination of the employee's employment. This retention obligation applies to all records required to be kept under the statute and prohibits employers from purging files after an employee departs.
Written Personnel Policies
If an employer elects to maintain a written personnel policy regarding the terms and conditions of employment, that policy must be continuously maintained at the office where personnel matters are administered. This is a maintenance obligation rather than a mandate to create a written policy, but it ensures that any existing policies are accessible.
Notable Exceptions and Limitations
Third-Party Privacy
As noted above, the definition of personnel records excludes information of a personal nature about persons other than the employee where disclosure would constitute a clearly unwarranted invasion of that other person's privacy. This limitation is consistent with broader privacy principles under New York law and prevents employees from using the personnel file access right as a mechanism to obtain information about co-workers or third parties.
Annual Review Cap
While employees may request copies of their records at any time, employers are not obligated to permit more than two in-person reviews per calendar year. The statute does not, however, limit the number of written copy requests — the two-review cap applies to in-person review occasions, while the five-business-day copy obligation applies to written requests.
Enforcement Provisions
Civil Penalties
Any violation of this law by an employer or any other person is punishable by a fine of not less than $500 and not more than $2,500. Enforcement authority is vested exclusively in the New York Attorney General. The statute does not expressly create a private right of action for employees to sue directly in court for violations of the access or notification provisions, though employees may pursue remedies for false information through judicial process as noted above.
Anti-Retaliation Protections
The law contains a robust anti-retaliation provision. No employer or any other person may discharge, threaten, penalize, or in any other manner discriminate or retaliate against any employee who exercises their rights under the statute.
If you have any questions about or would like assistance to make sure your company complies with this new law, please reach out to Orla McCabe at orla.mccabe@wg-law.com or 212-509-1910.
This summary has been prepared for general informational purposes only and does not constitute legal advice. It is intended as a summary and does not contain all details applicable to the Employee Personnel Records Access Law recently signed into law. This summary may be construed as attorney advertising.